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News September 13, 2006
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Former Bellwood teacher alleges discrimination
By Donna C. Gregory ASSISTANT EDITOR

A former Bellwood Elementary School teacher is suing Chesterfield County Public Schools, alleging he was discriminated against because he has a disability.

Charles Matheny of Midlothian filed the suit in U.S. District Court on Aug. 30, claiming the school system has violated the Americans with Disabilities Act and the Rehabilitation Act of 1973.

Matheny worked at Bellwood from November 2001 until February 2005 when he took medical leave and later went on disability retirement.

Matheny says that while he was employed at Bellwood, Assistant Principal Carol Lewellyn harassed and discriminated against him because he suffers from attention deficit disorder, depression and obsessive-compulsive disorder.

Before Lewellyn joined Bellwood's staff in fall 2003, Matheny "successfully performed [during] the 2002-2003 school year at Bellwood Elementary, in that at no point did he receive any complaints about his job performance nor was he reprimanded or disciplined. In fact, after the winter break in 2002, the school's Assistant Principal (and Lewellyn's predecessor) Gloria Cooper told [Matheny] that a student educational evaluation he completed was 'flawless,'" reads the lawsuit.

Lewellyn's alleged harassment included requiring Matheny to submit lesson plans for review when other teachers were not required to do so; rescheduling parent conferences and then reprimanding Matheny when he missed the meetings; raising her voice at Matheny when she did not speak to other teachers in the same manner; and scheduling frequent observations of Matheny's teaching. "On one occasion, Lewellyn knew that

[Matheny's] car had broken down unexpectedly on the way to work, but she nevertheless reprimanded him for 'taking the time to get [his] car inspected' without arranging for a substitute teacher," reads the lawsuit.

Lewellyn's alleged behavior exasperated Matheny's medical conditions, says the lawsuit.

In December 2004, Matheny's psychiatrist sent a list of recommendations to the school system, asking his supervisors to make certain accommodations for his disability. Those accommodations included providing Matheny with meeting reminders, setting short-term achievable goals, reducing paperwork, offering more frequent feedback on his work performance and placing him under a new supervisor or transferring him to another school.

According to the lawsuit, the school system accepted only two of the recommendations: to give more feedback and to provide short-term

goals. "Lewellyn purposely manipulated the accepted accommodations by giving [Matheny] negative feedback and criticizing him at every opportunity," reads the lawsuit.

The school system allegedly denied Matheny's request to be transferred to another school. In January 2005, he learned his teaching contract was not going to be renewed for the following school year.

Matheny is suing the school system for lost and future wages, benefits and compensation, and is asking to be compensated for the physical, psychological and emotional distress caused by the discrimination. He is also requesting court costs and legal fees. An exact amount for damages is not given in the lawsuit.

The school system declined to discuss Matheny's allegations. "We wouldn't comment on a case that's in active litigation," said Mike Packer, the school system's attorney.


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